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Seed Law of the Peoples Republic of China



Article 64For those who break the stipulations of this law to sell or popularize seeds that are necessary to subject to examination and approval and actually not so, the people's government administrative departments of agriculture and forestry above county level should order them to stop the sale and popularization, confiscate the seeds and illegal income, and impose a fine RMB 10000 Yuan to RMB 50000 Yuan on them.
Article 65For those who break the stipulations of this law to snatch the immature seeds, damage the parent trees, or to collect seeds from the low quality parent trees or forest, the people's government administrative department of agriculture and forestry above county level should order them to stop the seed collection, confiscate the collected seeds, and impose a fine of 1 time to three times on them. For criminal case, criminal responsibility should be investigated and affixed according to related law.
Article 66For those who break Article 33 of this law to buy forest seeds, the people's government administrative departments of forestry above county level should confiscate the purchased seeds and impose a fine not more than two times as the money number of the purchased seeds on tem.
Article 67For those who break the stipulations of this law to carry out the test of plant diseases and insect pests in the seed-production base, the people's government administrative departments of agriculture and forestry above county level should order them to stop the test, and impose a fine of no more than RMB 50000 Yuan on them.
Article 68If the quality-test institutions of seeds provide falsehood certificates, these institutions and suppliers should take the related responsibilities. Responsibilities of related persons of the quality-test institution should be investigated according to relevant law. For criminal case, criminal responsibility should be investigated and affixed according to related law.
Article 69Those who force the seed user to reluctantly buy or use their seeds, and cause damage to the seed users, they should assume the responsibility to compensate.
Article 70For administrative departments of agriculture and forestry to grant the seed-production license or seed-operation license to those that are not qualified, administration punishment should be given to the direct governors or other persons related with the cases. For criminal case, criminal responsibility should be investigated and affixed according to related law.
Article 71For the seed administrative managers who practise favoritism, misuse authority and scrimshank, or break the stipulations of this law to engage in seed production and operation, they should be given administrative punishment according related law. For criminal case, criminal responsibility should be investigated and affixed according to related law.
Article 72For those who think that the administrative actions of the administrative departments have infringed their legal rights, they can apply for administrative reconsideration according to related law, or lodge a complaint to the People's Court according to the law.
Article 73The administrative departments of agriculture and forestry should inform the management office of the industry and commerce to logout or change the misfeasors' business licenses after the departments have revoked the misfeasors' seed-operation license.
Chapter 11 Supplementary Provisions
Article 74Definition of terms in this law
(1)Seed resources refer to the basic materials selected to cultivate new variety, including planting seeds of various floral, wildness seeds and the gene materials fabricated with above materials.
(2)Variety refers to the plant colony that has been selected, cultivated, found, and improved by human, whose shape and biological characteristics are uniform, and whose genetic characteristics are relatively stable.
(3)Main crops refer to rice, wheat, maize, cotton and soybean, and other one to two crops that are determined respectively by the administrative department of agriculture under the State Council, and the people's government administrative departments of agriculture of provinces, autonomous regions and municipalities directly under the Central Government.
(4)Improved variety or high quality seed of forest refers to those examined and approved forest seed whose output, adaptability and resistance are significantly better than that of the propagation materials and planting materials.
(5)Label refers to specific symbol and written descriptions fixed in the package or on its surface.
Article 75The main forest of this law should be determined and claimed by the administrative department of forestry under the State Council, and other following 8 forest trees should be determined by the people's government administrative department of forestry of provinces, autonomous regions and municipalities directly under the State Council.
Article 76The selection, cultivation, production, operation, use and management of seed resources for weed seed and mushroom seed should be carried out according to this law.
Article 77If the international agreement that the People's Republic of China has entered is not consistent with this law, the terms in the international agreement is to be used, except those reserved terms announced by the People's Republic of China.
Article 78This Law shall go into effect as of December 1, 2000, and the Regulations of the People's Republic of China on Seed Management promulgated by the State Council on March 13, 1989 shall be annulled at the same time.
 
 
  The Standing Committee of the National People's Congress 2000-07-08 

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